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A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.
Reasons
Criminal facts
On May 24, 2013, the Defendant followed the victim D(22 years of age) in Seo-gu, Seo-gu, Gwangju, about 01:49, and followed the victim and his male-child.
The victim and his male-friendly Gu opened the entrance door of the 1st floor of the Seo-gu building in Gwangju-gu, and the defendant followed them and confirmed that the victim entered 201, again, they came out of the building.
At around 02:03, the defendant divided the victim's male-friendly room out of the above building, and entered the password of the entrance door of the first floor of the above building into the door, and then 201.
Therefore, the victim was aware that he had a male-friendly Gu, and the defendant, the defendant, entering the 201 gate, leaving the victim scam in a scam and scam the victim's scam in a scam and scam.
In addition, the defendant, "I am hicker. I am the body of the victim," led the victim to suppress the victim's resistance, and inserted the victim's sexual organ into the victim's negative part.
Accordingly, the defendant invadedd the victim's residence and raped the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Investigation report (No. 11 No. Serials of Evidence list);
1. Application of statutes on field inspection photographs, on-site CCTV screen pictures;
1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order;
1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 49(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;